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646 So. 2d 855

Rode v. State

District Court of Appeal of Florida

Decided January 4, 1995

District Court of Appeal of Florida · decided 1995-01-04

Relies on State v. Mestas · 561 So. 2d 584 - State v. Vanhorn

Decided 1995-01-04

PER CURIAM.

¶1We affirm Appellant’s convictions for bribery and unlawful compensation but reverse Appellant’s sentence as to each count. Community control may not be imposed, other than as a guidelines departure, on a recommended guideline range of a non-state prison sanction. E.g. State v. Mestas, 507 So.2d 587 (Fla.1987). On remand for resentencing, the trial court may consider whether to impose a departure sentence if grounds exist. State v. Vanhorn, 561 So.2d 584 (Fla.1990).

HERSEY, STONE and KLEIN, JJ., concur.
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